Quote:
SMITH, Circuit Judge.
This case reaches us for the third time and requires
us to consider the import of two recent Supreme Court
cases, Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015),
and City of Los Angeles v. Patel, 135 S. Ct. 2443 (2015),
on the constitutionality of the recordkeeping, labeling,
and inspection requirements set forth in 18 U.S.C.
§§ 2257 and 2257A (collectively, ?the Statutes?) and
their accompanying regulations, 28 C.F.R. §§ 75.1-75.9.
In light of Reed, we determine that the Statutes are
content based, and therefore require strict scrutiny review
under the First Amendment. We will remand to the
District Court to determine whether the Statutes
withstand strict scrutiny. In light of Patel, we conclude
4Case: 13-3681
Document: 003112319354
Page: 5
Date Filed: 06/08/2016
that the inspection provisions of the Statutes 1 and 28
C.F.R. § 75.5 are facially unconstitutional under the
Fourth Amendment.
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I always said that the *inspections* were unconstitutional for this reason. §§ 2257, 2257A will (may) need to go back to the Congress to be rewritten *constitutionally* then end up back in the courts again.
This was a 2 to 1 decision of an Appeals Court. 12 years now?